Family mulls move to remove DPPs from RCI
Teoh Beng Hock’s family is reconsidering the plan to challenge the decision to use the services of deputy public prosecutors as conducting officers for the Royal Commission of Inquiry on the political aide’s death.
Teoh Beng Hock’s family is reconsidering the plan to challenge the decision to use the services of deputy public prosecutors as conducting officers for the Royal Commission of Inquiry on the political aide’s death.
Lawyer Gobind Singh Deo said he will have to consult with co-counsel Karpal Singh before advising the family on their next course of action, after they withdrew from participating in the RCI today.
Earlier, Karpal had said outside the court after announcing their withdrawal that they would not seek a judicial review on the RCI’s decision to engage the three DPPs as conducting officers, as they do not want to “lend credence” to the inquiry by their continued involvement.
On Monday, when the panel first convened, Gobind pointed out that the Attorney-General's Chambers has filed for revision of the coroner's 'open verdict' on Teoh's death.
He also said the public prosecutors are pushing for a ruling of suicide in the matter, which will be heard in the Shah Alam High Court tomorrow.
Gobind had objected to senior federal counsel Amarjeet Singh and DPPs Awang Armadajaya Awang Mahmud and Kwan Li Sa acting as the commission's conducting officers.
Gobind stressed that the conducting officers may not be free of bias with their superiors being the same ones pushing for a revision of open verdict on Teoh's death.
Federal Court judge James Foong, who heads the commission, however disagreed with Gobind and decided to proceed with the inquiry.
"Though there is an application for revision we are of the view that this will not impede our task to proceed with this inquiry since there has been no decision," he said in reply to Gobind’s objections.
“Unless the High Court makes a ruling, our tasks should not be held up. We shall deal with this matter when the High Court makes a decision."
'DPPs will act independently '
Foong also dismissed the family's objection over the DPPs acting as conducting officers.
"Though we are aware that the conducting officers are members of the Attorney-General's Chambers, they have assured us that they will be acting independently in assisting us.
"Until and unless we have reasons to doubt their impartiality, we will accept their assistance."
The royal commission is tasked with probing the cause of Teoh's death and to assess whether the Malaysian Anti-Corruption Commission (MACC) had followed proper procedures when questioning Teoh as a witness into alleged misuse of Selangor government funds by his employer.
Foong is assisted by former Federal Court judge Abdul Kadir Sulaiman, former Appeals Court judge T Selventhiranathan, Penang Hospital's forensic pathologist Dr Bhupinder Singh and dean of Cyberjaya Medical Science College University Professor Dr Mohamed Hatta Shaharom.
The commission reconvened this afternoon to sort out matters pertaining to the judicial review and to set a date to visit the scene of the incident.
The Shah Alam High Court is scheduled to hear a mention of the AG's judicial review application tomorrow morning.
The entire RCI panel and lawyers involved in the inquiry are expected to make a site visit to Plaza Masalam at 9.45am tomorrow, to view for themselves the area where Teoh was found dead and also the place where he was held for questioning.
The inquiry will then resume at 2.30pm and the first five witnesses on the list are expected to be called.
Teoh was found dead on the fifth floor landing of Plaza Masalam in Shah Alam after being interrogated overnight on July 15, 2009. The Selangor MACC headquarters is located on Level 14 of same the building.
The highly publicised inquest into his death concluded that Teoh had sustained pre-fall injuries to his neck. However, coroner Muntapha Kamil Abas ruled out both murder and suicide as the cause of death.

